7 U.S.C. § 2442: Notice of refusal…

Summary

When an application is turned down or the examiner raises objections, the Secretary must tell the applicant why and give helpful information or references. If the applicant asks for reconsideration, with or without changes, the Secretary must reconsider the application. After a nonapproval notice, the applicant has at least 30 days and no more than 180 days (or another time the Secretary sets) to act. Extensions can be allowed, and without one an action may be up to three months late if the applicant pays an extra fee the Secretary sets.

Title 7, §2442

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(a)Whenever an application is refused, or any objection or requirement made by the examiner, the Secretary shall notify the applicant thereof, stating the reasons therefor, together with such information and references as may be useful in judging the propriety of continuing the prosecution of the application; and if after receiving such notice the applicant requests reconsideration, with or without amendment, the application shall be reconsidered.

(b)For taking appropriate action after the mailing to an applicant of an action other than allowance, the applicant shall be allowed at least 30 days, and not more than 180 days, or such other time as the Secretary shall set in the refusal, or such time as the Secretary may allow as an extension. Without such extension, action may be taken up to three months late by paying an additional fee to be prescribed by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–349 in first sentence substituted “mailing to an applicant” for “mailing to him”, “the applicant shall” for “an applicant shall”, “at least 30 days, and not more than 180 days” for “six months”, “the Secretary shall” for “the Secretary in exceptional circumstances shall”, and “as the Secretary may” for “as he may”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–349 effective 180 days after Oct. 6, 1994, see section 15 of Pub. L. 103–349, set out as a note under section 2401 of this title.

§2442 Notice of Refusal; Reconsideration